"NEW SECTION. Sec. 1. It is essential that the legislature and state agencies spend tax dollars in a manner that is both responsible and consistent with the best interests of the state and the nation. The legislature and state agencies should, therefore, consider indirect benefits that may be achieved when entering into state contracts for goods and services. Such benefits include, but are not limited to, job creation, capital investment, and economic stimulus. Additionally, such benefits include greater protection of privacy interests, less risk of disclosure of personal information, and avoidance of undue risk.

        NEW SECTION. Sec. 2. A new section is added to chapter 39.29 RCW to read as follows:

        The office of financial management, in consultation with representatives of state agency management, business, labor, and agricultural groups, shall develop and implement procurement policies and procedures necessary to determine whether civil service contracts and contracts for public works, personal services, purchased services, information services, highway design and construction, and materials, supplies, and equipment, and any subcontracts awarded under such contracts, are in the best interests of Washington state, its residents, and its economy. These procurement policies and procedures shall require consideration of the following when making decisions to enter into contracts:

        (1) The extent to which the contract, or any subcontract awarded under the contract, will be performed at a location outside the United States;

        (2) The extent to which international trade agreements apply to the contract, or any subcontract awarded under the contract;

        (3) The extent to which awarding the contract to a Washington business will result in job creation or retention or other economic benefits to Washington, its residents, and its economy; and

        (4) The extent to which the contract, or any subcontract awarded under the contract, involves solicitation or disclosure of personal information.

        NEW SECTION. Sec. 3. A new section is added to chapter 39.29 RCW to read as follows:

        The office of financial management, in consultation with representatives of state agency management, business, labor, and agricultural groups, shall conduct a study of the indirect benefits of adopting procurement policies giving Washington businesses a price preference when determining the lowest responsible bidder on civil service contracts and contracts for public works, personal services, purchased services, information services, highway design and construction, and materials, supplies, and equipment. These benefits shall include, but are not limited to, job creation and retention, capital investment, state and local tax revenue, and economic stimulus. The office of financial management shall report its findings, and any recommendations for legislation adopting procurement policies giving Washington businesses a price preference, to the legislature by December 1, 2005."

        Correct the title.

       Representative Anderson moved the adoption of amendment (372) to amendment (369):

        On page 2 of the striking amendment, line 5, after "economy;" strike "and"

        On page 2 of the striking amendment, line 6, after "(4)" insert the following:

        "The extent to which decisions to locate research, development, production, and other facilities in Washington by businesses based in other countries and other states has resulted in job creation and other economic benefits to Washington, its residents, and its economy; and

        (5)"

       Representatives Anderson and Conway spoke in favor of the adoption of the amendment to the amendment.

       The amendment to the amendment was adopted.

       Representative Clements moved the adoption of amendment (378) to amendment (369):

        On page 2 of the striking amendment, line 5, after "economy;" strike "and"

        On page 2 of the striking amendment, line 6, after "(4)" insert the following:

        "The extent to which the requirement that prevailing wage rates be paid on public works projects increases construction costs, and whether a benefit-cost analysis shows that the benefits, if any, of such a requirement outweigh the increased construction costs; and

        (5)"

       Representative Clements spoke in favor of the adoption of the amendment to the amendment.

       Representative Conway spoke against the adoption of the amendment to the amendment.

       The amendment to the amendment was not adopted.

       The question before the House was adoption of amendment (369) as amended.

       Representative Sommers spoke in favor of the adoption of the amendment as amended.

       The amendment as amended was adopted. The bill was ordered engrossed.

{{33944}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

       Representatives Williams and Conway spoke in favor of passage of the bill.

       Representatives Condotta, Clements and Serben spoke against the passage of the bill.

       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2257.

ROLL CALL

       The Clerk called the roll on the final passage of Engrossed House Bill No. 2257 and the bill passed the House by the following vote: Yeas - 61, Nays - 35, Absent - 0, Excused - 2.

       Voting yea: Representatives Appleton, Blake, Buri, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hasegawa, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 61.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Dunn, Ericksen, Hankins, Hinkle, Holmquist, Hunter, Kretz, Kristiansen, McDonald, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Sump, Talcott, Tom, Walsh and Woods - 35.

       Excused: Representatives Buck and Curtis - 2.

       ENGROSSED HOUSE BILL NO. 2257, having received the necessary constitutional majority, was declared passed.

{{33945}}       HOUSE BILL NO. 1397, By Representatives Murray, Jarrett, Morris, B. Sullivan, Anderson, Appleton, Wallace, P. Sullivan, Kenney, Campbell, Rodne, Hunt, Priest, Springer, Tom, Lovick, Quall, Pettigrew, Kirby, Clibborn, Kilmer, Dunshee, Dickerson, Ericks, Green, Sells, Hasegawa, Upthegrove, Williams, Moeller, McIntire, Chase, Simpson, McDermott, Hudgins and Wood

       Changing vehicle emission standards provisions.

       The bill was read the second time.

       Representative Murray moved that Substitute House Bill No. 1397 be substituted for House Bill No. 1397 and the substitute bill be placed on the second reading calendar. The motion was adopted.

       SUBSTITUTE HOUSE BILL NO. 1397 was read the second time.

{{33946}}       With the consent of the House, amendments (050) and (049) were withdrawn.

       Representative Woods moved the adoption of amendment (291):

        On page 2, after line 25, strike section 2 and insert the following:

        "NEW SECTION. Sec. 2. (1) Pursuant to the federal clean air act, the legislature adopts the California motor vehicle emission standards for emissions of smog-forming pollutants in Title 13 section 1961 of the California Code of Regulations, effective January 1, 2005. By December 31, 2005, the department of ecology shall adopt rules to implement the Title 13 section 1961 emission standards of the state of California for passenger cars, light duty trucks, and medium duty passenger vehicles. The department of ecology shall not adopt rules to implement vehicle emissions standards for emissions of green house gases. The rules shall be applicable to motor vehicles with a model year 2009 and later. This section does not limit the department of ecology's authority to regulate motor vehicle emissions for any other class of vehicle."

       Representative Rodne spoke in favor of the adoption of the amendment.

       Representative Murray spoke against the adoption of the amendment.

{{33947}}       An electronic roll call vote was demanded and the demand was sustained.

       The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (291) to Substitute House Bill No. 1397.

ROLL CALL

       The Clerk called the roll on the adoption of amendment (291) to Substitute House Bill No. 1397, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 54, Absent - 0, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Campbell, Chandler, Chase, Clements, Condotta, Cox, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Miloscia, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom and Woods - 42.

       Voting nay: Representatives Appleton, Blake, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 54.

       Excused: Representatives Buck and Curtis - 2.

{{33948}}       Representative Ericksen moved the adoption of amendment (290):

       On page 2, beginning on line 26, strike all of section 2

       On page 6, beginning on line 6, strike all of section 5

       On page 6, beginning on line 18, strike all of sections 7, 8, and 9

       On page 2, after line 25, insert the following:

       "NEW SECTION. Sec. 2. The state auditor shall study the federal and California emissions standards, evaluating the costs to consumers, costs to state government, ability of manufacturers to comply with the newest emissions requirements, and the benefits to air quality. The report shall include recommendations regarding whether Washington state should adopt the California emissions standards. The state auditor shall report its findings and recommendations to the appropriate committees of the legislature by December 31, 2005."

       Renumber the remaining sections consecutively and correct internal references. Correct the title.

       Representatives Ericksen and Sump spoke in favor of the adoption of the amendment.

       Representatives Murray and McIntire spoke against the adoption of the amendment.

       The amendment was not adopted.

{{33949}}       Representative Nixon moved the adoption of amendment (345):

        On page 2, line 27, after "standards" insert "as set forth in section 7 of this act and"

        On page 2, line 28, after "Regulations" strike ","

        On page 2, line 30, after "implement" insert "section 7 of this act and"

        On page 2, line 32, after "vehicles" strike all material through "act)" on line 34

        On page 6, after line 17, insert the following:

        "NEW SECTION. Sec. 7.

Title 13, California Code of Regulations

1900. Definitions.

        (a)   The definitions in this section supplement and are governed by the definitions set forth in chapter 2 (commencing with section 39010), part 1, division 26 of the Health and Safety Code. The definitions set forth in the applicable model-year new vehicle certification and assembly-line test procedures adopted in this chapter are hereby incorporated by reference.

        (b)   In addition to the definitions incorporated under subdivision (a), the following definitions shall govern the provisions of this chapter.

[Definitions applicable only to warranty or recall provisions not in this compilation are not set forth]

        (4) "Gaseous fuels" means any liquefied petroleum gas, liquefied natural gas, or compressed natural gas fuels for use in motor vehicles.

        (5) "Heavy-duty engine" means an engine which is used to propel a heavy-duty vehicle.

        (6) "Heavy-duty vehicle" means any motor vehicle having a manufacturer’s gross vehicle weight rating greater than 6,000 pounds, except passenger cars.

* * * *

        (8) "Light-duty truck" means any 2000 and subsequent model motor vehicle certified to the standards in section 1961(a)(1) rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

        (9) "Medium-duty vehicle" means any pre-1995 model year heavy-duty vehicle having a manufacturer’s gross vehicle weight rating of 8,500 pounds or less; any 1992 through 2006 model-year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in section 1960.1(h)(2) having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less; any 1995 through 2003 model year heavy-duty vehicle certified to the standards in section 1960.1(h)(1) having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less; and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in Section 1961(a)(1) or 1962 having a manufacturer’s gross vehicle weight rating between 8,501 and 14,000 pounds.

        (11) "Passenger car" means any motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less.

        (14) "Subgroup" means a set of vehicles within an engine family distinguishable by characteristics contained in the manufacturer’s application for certification.

* * * *

        (17) "Reactivity adjustment factor" means a fraction applied to the NMOG emissions from a vehicle powered by a fuel other than conventional gasoline for the purpose of determining a gasoline-equivalent NMOG level. The reactivity adjustment factor is defined as the ozone-forming potential of clean fuel vehicle exhaust divided by the ozone-forming potential of gasoline vehicle exhaust.

        (18) "Small volume manufacturer" means, with respect to the 2001 and subsequent model-years, a manufacturer with California sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for manufacturers certifying for the first time in California model-year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. For purposes of compliance with the zero-emission vehicle requirements, heavy-duty vehicles and engines shall not be counted as part of a manufacturer’s sales. For purposes of applying the 2005 and subsequent model year zero-emission vehicle requirements for small-volume manufacturers under section 1962(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

        (19) "Intermediate volume manufacturer" means any pre-2001 model year manufacturer with California sales between 3,001 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; and any 2003 and subsequent model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. For purposes of applying the 2005 and subsequent model year zero-emission vehicle requirements for intermediate-volume manufacturers under section 1962(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

        (20) "Large volume manufacturer" means any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate volume manufacturer.

        (21) "Independent low volume manufacturer" means a manufacturer with California annual sales of less than 10,000 new passenger cars, light-duty trucks and medium-duty vehicles following aggregation of sales pursuant to this section 1900(b)(21). Annual sales shall be determined as the average number or sales sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. The annual sales from different firms shall be aggregated in the following situations:

        (A)  Vehicles produced by two or more firms, one of which is 10% or greater part owned by another;

        (B)  Vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms;

        (C)  Vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies;

        (D)  Vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 43104 Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43100, 43101, 43101.5, 43102, 43104, 43106, and 43204, Health and Safety Code.

1956.8. Exhaust Emission Standards and Test Procedures - 1985 and Subsequent Model Heavy-Duty Engines and Vehicles.

        (a) [Exhaust emission standards for heavy-duty diesel engines and heavy-duty natural-gas-fueled, liquefied-petroleum-gas-fueled and methanol-fueled engines derived from diesel-cycle engines; not applicable to passenger cars, light-duty trucks and medium-duty vehicles and accordingly not set forth.]

        (b) The test procedures for determining compliance with standards applicable to 1985 and subsequent model heavy-duty diesel engines and vehicles and the requirements for participating in the averaging, banking and trading programs, are set forth in the "California Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-Duty Diesel Engines and Vehicles, " adopted April 8, 1985, as last amended December 12, 2002, the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," adopted December 12, 2002, and the "California Interim Certification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes," adopted October 24, 2002, which are incorporated by reference herein.

        (c)(1)(A) The exhaust emissions from (i) new 1987 through 2004 model heavy-duty Otto-cycle engines (except methanol-fueled engines and except heavy-duty Otto-cycle natural-gas-fueled and liquefied-petroleum-gas-fueled Otto-cycle engines derived from diesel-cycle engines) and (ii) from new 1993 through 2004 model heavy-duty methanol-fueled Otto-cycle engines (except in all cases engines used in medium-duty vehicles) shall not exceed:

Exhaust Emission Standards for Heavy-Duty Otto-Cycle Engines

(grams per brake horsepower-hour or g/bhp-hr)

^A     The total or optional non-methane hydrocarbon standards apply to petroleum-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled engines and methanol-fueled engines beginning in 2004. The Organic Material Hydrocarbon Equivalent, or OMHCE, standards apply to 1987 through 2003 methanol-fueled engines.

^B     Prior to the 2002 model year, carbon monoxide emissions from engines utilizing exhaust after treatment technology shall also not exceed 0.5 percent of the exhaust gas flow at curb idle.

^C     Manufacturers with existing heavy-duty Otto-cycle engines certified to the California 1986 steady-state emission standards and test procedures may as an option certify those engines, for the 1987 model year only, in accordance with the standards and test procedures for 1986 heavy-duty Otto-cycle engines established in Section 1956.7.

^D     These standards are applicable to Otto-cycle engines intended for use in all heavy-duty vehicles.

^E      Applicable to heavy-duty Otto-cycle engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. Also, as an option, a manufacturer may certify one or more 1988 through 1994 model Otto-cycle heavy-duty engine configurations intended for use in all heavy-duty vehicles to these emission standards, provided that the total model-year sales of such configuration(s) being certified to these emission standards represent no more than 5 percent of total model-year sales of all Otto-cycle heavy-duty engines intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.

^F      These are optional standards and apply to all heavy-duty engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. A manufacturer may elect to certify to an optional standard between the values, inclusive, by 0.5 grams per brake horsepower-hour increments.

^G     A manufacturer may request to certify to Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005-10(f), as adopted October 6, 2000.

        (B) The exhaust emissions from new 2005 and subsequent model heavy-duty Otto-cycle engines, except for Otto-cycle medium- and heavy-duty engines subject to the alternative standards in 40 CFR §86.005-10(f), shall not exceed:

California Emission Standards for 2005 and Subsequent Model

Heavy-Duty Otto-Cycle Engines^A

(in g/bhp-hr)

^A     These standards apply to petroleum-fueled, alcohol-fueled, liquefied petroleum gas-fueled and natural gas-fueled Otto-cycle engines.

^B.     A manufacturer of engines used in incomplete medium-duty vehicles may choose to comply with these standards as an alternative to the primary emission standards and test procedures for complete vehicles specified in section 1961, title 13, CCR. A manufacturer that chooses to comply with these optional heavy-duty engine standards and test procedures shall specify, in the Part I application for certification, an in-use compliance test procedure, as provided in section 2139(c), title 13 CCR.

^C     A manufacturer may request to certify to the Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005-10(f). However, for engines used in medium-duty vehicles, the formaldehyde level must meet the standard specified above.

^D     This standard only applies to methanol-fueled Otto-cycle engines.

^E       A manufacturer may elect to include any or all of its medium- and heavy-duty Otto-cycle engine families in any or all of the emissions ABT programs for HDEs, within the restrictions described in section I.15 of the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," incorporated by reference in section 1956.8(d). For engine families certified to the Option 1 or 2 federal standards, the FEL must not exceed 1.5 g/bhp-hr. If a manufacturer elects to include engine families certified to the 2005 and subsequent model year standards, the NOx plus NMHC FEL must not exceed 1.0 g/bhp-hr. For engine families certified to the 2008 and subsequent model year standards, the FEL is the same as set forth in 40 CFR 86.008-10(a)(1).

^F        Idle carbon monoxide: For all Otto-cycle heavy-duty engines utilizing aftertreatment technology, and not certified to the on-board diagnostics requirements of section 1968, et seq, as applicable, the CO emissions shall not exceed 0.50 percent of exhaust gas flow at curb idle.

         (c)(2)       Formaldehyde exhaust emissions from new 1993 and subsequent model methanol-fueled Otto-cycle engines shall not exceed:

        Model Year                                     Formaldehyde

                                                                  (g/bhp-hr)

        1993-1995                                      0.10

        1996 and Subsequent                      0.05

        (d) The test procedures for determining compliance with standards applicable to 1987 and subsequent model heavy-duty Otto-cycle engines and vehicles are set forth in the "California Exhaust Emission Standards and Test Procedures for 1987 through 2003 Model Heavy-Duty Otto-Cycle Engines and Vehicles," adopted April 25, 1986, as last amended December 27, 2000, the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," adopted December 27, 2000, as last amended December 12, 2002, the "California Non-Methane Organic Gas Test Procedures," adopted July 12, 1991, as last amended July 30, 2002, and the "California Interim Certification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes," adopted October 24, 2002, which are incorporated by reference herein.

        (e) A manufacturer may elect to certify complete heavy-duty vehicles of 14,000 pounds or less maximum gross vehicle weight rating as medium-duty vehicles under section 1960.1 or section 1961 of this chapter, in which event the heavy-duty emission standards and test procedures in this section shall not apply.

        (f) [Use of engines certified to meet federal emission standards, or which are demonstrated to meet appropriate federal emission standards, in up to a total of 100 heavy-duty vehicles in a calendar year when the executive officer has determined that no engine certified to meet California emission standards exists which is suitable for use in the vehicles; not applicable to passenger cars, light-duty trucks and medium-duty vehicles and accordingly not set forth.]

        (g) The exhaust emissions from new 1995 through 2003 model-year engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles shall not exceed:

Exhaust Emission Standards^A

(grams per brake horsepower-hour, or g/bhp-hr)

 ^A     This set of standards is optional. Manufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from 8501-14,000 pounds, gross vehicle weight may choose to comply with these standards as a alternative to the primary emission standards and test procedures specified in section 1960.1, Title 13, California Code of Regulations. Manufacturers that choose to comply with these optional heavy-duty standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations.

^B     This standard is the sum of the individual non-methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, non-methane hydrocarbons shall mean organic material hydrocarbon equivalent.

^C     This standard shall only apply to diesel engines and vehicles.

^D     In the 1995 model-year only, manufacturers may certify up to 50 percent of their medium-duty engines or vehicles to the applicable 1994 model-year standards and test procedures. For the 1995 through 1997 models, alternative in-use compliance is available for medium-duty manufacturers. A manufacturer may use alternative in-use compliance for up to 100 percent of its fleet in the 1995 and 1996 model years and up to 50 percent of its fleet in the 1997 model year. The percentages shall be determined from the manufacturers’ projected California sales of medium-duty vehicles. For engines certified to the standards and test procedures of this subsection, "alternative in-use compliance" shall consist of an allowance of 25 percent over the HC + NOx standard. In-use compliance testing shall be limited to vehicles or engines with less than 90,000 miles.

       (h) The exhaust emissions from new:

       (1) 1992 through 2004 model-year Otto-cycle engines used in incomplete medium-duty low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles, and

       (2) 1992 and subsequent model diesel engines used in medium-duty low-emission vehicles, ultra-low-emission vehicles and super-ultra-low-emission vehicles shall not exceed:

Exhaust Emission Standards for Engines Used in Incomplete

Otto-Cycle Medium-Duty Low-Emission Vehicles, Ultra-Low-Emission Vehicles, and

Super Ultra-Low-Emission Vehicles, and for Diesel Engines Used in

Medium-Duty Low-Emission Vehicles, Ultra-Low-Emission Vehicles, and

Super Ultra-Low-Emission Vehicles^A,F

(grams per brake horsepower-hour)

^A     This set of standards is optional. Manufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from 8501-14,000 pounds gross vehicle weight rating may choose to comply with these standards as an alternative to the primary emission standards and test procedures specified in section 1960.1, or section 1961, Title 13, California Code of Regulations. Manufacturers that choose to comply with these optional heavy-duty standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations.

^B     "LEV" means low-emission vehicle.

        "ULEV" means ultra-low-emission vehicle.

        "SULEV" means super ultra-low-emission vehicle.

^C     This standard is the sum of the individual non-methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, non-methane hydrocarbons shall mean organic material hydrocarbon equivalent ("OMHCE").

^D     These standards apply only to diesel engines and vehicles.

^E      Manufacturers may certify engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles to these standards to meet the requirements of section 1956.8(g), Title 13, California Code of Regulations.

^F      In-use compliance testing shall be limited to vehicles or engines with fewer than 90,000 miles.

^G     [Reserved]

^H     For engines certified to the 3.5 grams per brake horsepower-hour (g/bhp-hr) LEV standards, the in-use compliance standard shall be 3.7 g/bhp-hr for the first two model years of introduction. For engines certified to the 2002 and 2003 model year LEV standards, the in-use compliance standard shall be 3.2 g/bhp-hr. For engines certified to the 1992 through 2003 model year ULEV standards, the in-use compliance standard shall be 2.7 g/bhp-hr for the first two model years of introduction. For engines certified to the 1992 and subsequent SULEV standards, the in-use compliance standard shall be 2.2 g/bhp-hr for the first two model years of introduction.

^I      Manufacturers have the option of certifying to either option A or B. Manufacturers electing to certify to Option A must demonstrate that the NMHC emissions do not exceed 0.5 g/bhp-hr.

^J      Emissions averaging may be used to meet these standards for diesel engines, using the requirements for participation in averaging, banking and trading programs, as set forth in the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," incorporated by reference in section 1956.8 (b), above.

^K     Engines of 1998 and subsequent model years may be eligible to generate averaging, banking and trading credits based on these standards according to the requirements of the averaging, banking and trading programs described in the "California Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-Duty Engines and Vehicles" and the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," incorporated by reference in section 1956.8(b), above.

^L       For 2007 and subsequent model year diesel engines used in medium-duty vehicles, these emission standards are not applicable.

        (3) 2007 and later model year engines subject to (h)(2) have the following Phase-in Options.

        (A) Early NOx compliant engines. For model years 2007, 2008, and 2009, a manufacturer may, at their option, certify one or more of their engine families to the combined NOx plus NMHC standard or FEL applicable to model year 2006 engines under section 1956.8 (h)(2), in lieu of the separate NOx and NMHC standards or FELs applicable to the 2007 and subsequent model years, specified in section 1956.8 (h)(2). Each engine certified under this phase-in option must comply with all other emission requirements applicable to model year 2007 engines. To qualify for this option, a manufacturer must satisfy the U.S.-directed production requirement of certifying no more than 50 percent of engines to the NOx plus NMHC standards or FELs applicable to 2006 engines, as specified in 40 Code of Federal Regulations, part 86, section 86.007-11 (g)(1), as adopted January 18, 2001. In addition, a manufacturer may reduce the quantity of engines that are required to be phased-in using the early certification credit program specified in 40 Code of Federal Regulations, part 86, section 86.007-11 (g)(2), as adopted January 18, 2001, and the "Blue Sky" engine program specified in 40 Code of Federal Regulations, part 86, section 86.007-11 (g)(4), as adopted January 18, 2001.

        (B) Early PM compliant engines. A manufacturer certifying engines to the 2007 and subsequent model year PM standard listed in section 1956.8 (h)(2) (without using credits, as determined in any averaging, banking, or trading program described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," to comply with the standards) before model year 2007 may reduce the number of engines that are required to meet the 2007 and subsequent model year PM standard listed in section 1956.8 (h)(2) in model year 2007, 2008 and/or 2009. To qualify for this option, a manufacturer must satisfy the PM emission requirements pursuant to the methods detailed in 40 Code of Federal Regulations, part 86, section 86.007-11 (g)(2)(ii), as adopted January 18, 2001.

        (4) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel heavy-duty diesel engine, with the following exception: heavy-duty diesel engines equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers taking advantage of this exception must manufacture the engines so that all crankcase emission can be routed into a dilution tunnel (or other sampling system approved in advance by the Executive Officer), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of section 1956.8 (h)(2), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be "discharged directly into the ambient atmosphere.''

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43106, 43202, 43204, 43206, 43210, 43211, 43212, 43213, and 43806, Health and Safety Code; and Section 28114, Vehicle Code.

1960.1. Exhaust Emission Standards and Test Procedures - 1981 through 2006 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

        (a) [Exhaust emission standards for 1981 model passenger cars, light-duty trucks and medium-duty vehicles; not set forth]

        (b) [Exhaust emission standards for 1982 model passenger cars, light-duty trucks and medium-duty vehicles; not set forth]

        (c) [Exhaust emission standards for 1983 model passenger cars, light-duty trucks and medium-duty vehicles; not set forth]

        (d) [Exhaust emission standards for 1984 through 1990 model passenger cars, light-duty trucks and medium-duty vehicles; not set forth]

        (e)(1) [Exhaust emission standards for 1989 through 1994 model passenger cars, light-duty trucks and medium-duty vehicles; not set forth]

        (e)(2)       The exhaust emissions from new 1993 through 2003 model methanol-fueled vehicles, including fuel-flexible vehicles, shall meet all the applicable requirements in (e)(1), (f)(1) and (f)(2) with the following modifications and additions:

1993 THROUGH 2003 METHANOL-SPECIFIC

EXHAUST EMISSION STANDARDS

¹      "PC" means passenger cars.

         "LDT" means light-duty trucks.

"MDV" means medium-duty vehicles.

²      If the formaldehyde in-use compliance level is above the respective certification level but does not exceed the in-use compliance level, and based on a review of information derived from a statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of such vehicle exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in Section 1960.1.5(c)(2), Title 13 California Code of Regulations, which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same period of use and mileage, the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code of Regulations, commencing with Section 2111, to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper maintenance.

³      For 1995-2003 model year medium-duty vehicles certifying to the standards and test procedures specified in Section 1960.1(h)(1), Title 13, California Code of Regulations, "Loaded Vehicle Weight" shall mean "Test Weight", which is the average of the vehicle’s curb weight and gross vehicle weight.

        (e)(3)       The exhaust emissions from new 1992 through 2006 model-year "LEV I" transitional low-emission vehicles, low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles, including fuel-flexible and dual-fuel vehicles, shall meet all the requirements in (g)(1), and (h)(2) with the following additions:

FORMALDEHYDE EXHAUST EMISSION STANDARDS

IN THE LIGHT-DUTY AND MEDIUM-DUTY VEHICLE WEIGHT CLASSES^5,6,7

["milligrams per mile" (or "mg/mi")]

¹      "PC" means passenger cars.

         "LDT" means light-duty trucks.

         "MDV" means medium-duty vehicles.

²      For light-duty or medium-duty vehicles, Vehicle Weight shall mean "Loaded Vehicle Weight" (or "LVW") or "Test Weight" (or "TW"), respectively.

³      "TLEV" means transitional low-emission vehicle.

        "LEV" means low-emission vehicle.

        "ULEV" means ultra-low-emission vehicle.

        "SULEV" means super-ultra-low-emission vehicle.

⁴      Formaldehyde exhaust emission standards apply to vehicles certified to operate on any available fuel, including fuel-flexible and dual-fuel vehicles.

⁵      The standards in parentheses are intermediate in-use compliance standards for 50,000 miles.

        a.     For PCs and LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year, and LEVs and ULEVs through the 1998 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs, and through the 1998 model year for LEVs and ULEVs.

        b.     For MDVs from 0-14,000 lbs. TW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to LEVs, ULEVs, and SULEVs through the 1999 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs, ULEVs, and SULEVs.

⁶      Manufacturers shall demonstrate compliance with the above standards for formaldehyde at 50^o F, according to the procedure specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k) or section E.1.4 of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in section 1961(d). Hybrid electric, natural gas, and diesel-fueled vehicles shall be exempt from 50^oF test requirements.

⁷      In-use compliance testing shall be limited to PCs and LDTs with fewer than 75,000 miles and MDVs with fewer than 90,000 miles.

        (f)(1) [Exhaust emission standards for new 1993 and 1994 model passenger cars and light-duty trucks, except those produced by a small volume manufacturer; not set forth]

        (f)(2) "Tier 1" Exhaust Emission Standards for PCs and LDTs. The exhaust emissions from new 1995 through 2003 model Tier 1 passenger cars and light-duty trucks shall not exceed:

1995-2003 MODEL-YEAR TIER 1 PASSENGER CAR AND

LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS^5,6,8,10

(grams per mile)

 ¹      "PC" means passenger car. "LDT" means light-duty truck.

 ²      For methanol- or ethanol-fueled vehicles certifying to these standards, including fuel-flexible vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE").

 ³      The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.

⁴      Small volume manufacturers may choose to certify to an optional 0.7 g/mi NOx standard for the 1995 model year only, pursuant to the conditions set forth in sections 1960.1 (f)(1) and 1960.1.5.

⁵      Diesel passenger cars and light-duty trucks certifying to these standards are subject to a particulate exhaust emission standard of 0.08 g/mi, determined on a 50,000 mile durability vehicle basis.

⁶      For all vehicles, except those certifying to optional diesel standards, in-use compliance with the exhaust emission standards shall be limited to vehicles with less than 75,000 miles.

⁷      For the 1995 and 1996 model years, all manufacturers, except those certifying to optional diesel standards, are permitted alternative in-use compliance. Alternative in-use compliance is permitted for 60% of a manufacturer’s vehicles in the 1995 model year and 20% of a manufacturer’s vehicles in the 1996 model year. For the 1995 and 1996 model years, small volume manufacturers only are permitted alternative in-use compliance for 100% of the fleet. The percentages shall be applied to the manufacturer’s total projected sales of California-certified passenger cars and light-duty trucks for the model year. "Alternative in-use compliance" shall consist of the following:

a      For all passenger cars and those light-duty trucks from 0-3750 lbs. loaded vehicle weight, except those diesel vehicles certifying to optional 100,000 mile standards, in-use compliance standards shall be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi carbon monoxide for 50,000 miles.

b.     For light-duty trucks from 3751-5750 lbs. loaded vehicle weight, except those diesel light-duty trucks certifying to optional 100,000 mile standards, in-use compliance standards shall be 0.41 g/mi non-methane hydrocarbon and 6.7 g/mi carbon monoxide for 50,000 miles.i) 

c.     In-use compliance standards shall be waived beyond 50,000 miles.

⁸      All passenger cars and light-duty trucks, except those diesel vehicles certifying to optional standards, are subject to non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards determined on a 50,000 mile durability basis and non-methane hydrocarbon and carbon monoxide standards determined on a 100,000 mile durability basis.

⁹      100,000 mile NOx standards are applicable for 1996 and subsequent model-year vehicles.

¹⁰    Each manufacturer shall also comply with the requirements specified in section 1960.1 (g)(2).

        (g)(1)      "LEV I" Exhaust Emission Standards for PCs and LDTs. The exhaust emissions from new 1992 through 2003 model-year "LEV I" transitional low-emission vehicles, and new 1992 through 2006 model-year "LEV I" low-emission vehicles and ultra-low-emission vehicles, in the passenger car and light-duty truck classes shall not exceed:

LEV I EXHAUST EMISSION STANDARDS

FOR TRANSITIONAL LOW-EMISSION VEHICLES, LOW-EMISSION VEHICLES,

ULTRA-LOW-EMISSION VEHICLES AND ZERO-EMISSION VEHICLES

IN PASSENGER CAR AND LIGHT-DUTY TRUCK VEHICLE CLASSES^6,7,8,9,10

[grams per mile (or "g/mi")]

¹      "PC" means passenger cars.

        "LDT" means light-duty trucks.

                "LVW" means loaded vehicle weight.

        "Non-Methane Organic Gases" or "NMOG" means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.

²      "TLEV" means transitional low-emission vehicle.

        "LEV" means low-emission vehicle.

        "ULEV" means ultra-low-emission vehicle.

³      Compliance with NMOG Standard. To demonstrate compliance with an NMOG standard, NMOG emissions shall be measured in accordance with the "California Non-Methane Organic Gas Test Procedures" as adopted July 12, 1991 and last amended July 30, 2002, which is incorporated herein by reference.

        a.     Reactivity Adjustment. For TLEVs, LEVs, and ULEVs certified to operate exclusively on any fuel other than conventional gasoline, and for fuel-flexible and dual-fuel TLEVs, LEVs, and ULEVs when certifying on a fuel other than gasoline, manufacturers shall multiply NMOG exhaust certification levels by the applicable reactivity adjustment factor set forth in section 13 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in section I.E.5. of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II.D. respectively of the foregoing test procedures. In addition, natural gas vehicles certifying to TLEV, LEV or ULEV standards shall calculate a reactivity-adjusted methane exhaust emission value by multiplying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 13 or in section I.E.5. of the above-referenced test procedures as applicable. The product of the NMOG exhaust certification levels and the reactivity adjustment factor shall be compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance. For natural gas vehicles, the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance.

        b.     Fleet Average Requirement. Each manufacturer shall certify PCs or LDTs to meet the exhaust mass emission standards for TLEVs, LEVs, ULEVs, or the exhaust emission standards of sections 1960.1(e)(1), 1960.1(f)(1), or 1960.1(f)(2), Title 13, California Code of Regulations, or as Zero-Emission Vehicles, such that the manufacturer’s fleet average NMOG values for California-certified PCs and LDTs from 0-3750 lbs. LVW, and LDTs from 3751-5750 lbs. LVW produced and delivered for sale in California are less than or equal to the requirement for the corresponding Model Year, Vehicle Type, and LVW Class in section 1960.1(g)(2), Title 13, California Code of Regulations.

⁴      NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles. Fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs. LVW shall be certified to exhaust mass emission standards for NMOG established for the operation of the vehicle on any available fuel other than gasoline, and gasoline.

        a.     Reactivity Adjustment. For TLEVs, LEVs, and ULEVs, when certifying for operation on a fuel other than gasoline, manufacturers shall multiply exhaust NMOG certification levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable reactivity adjustment factor, exhaust methane certification levels for natural gas vehicles shall be multiplied by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. The exhaust NMOG certification levels for fuel-flexible or dual-fuel vehicles when certifying on gasoline shall not be multiplied by a reactivity adjustment factor.

        b.     Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For PCs and LDTs from 0- 5750 lbs. LVW, the applicable exhaust mass emission standard for NMOG when certifying the vehicle for operation on gasoline shall be:

⁵      Highway NOx. The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B) shall be not greater than 1.33 times the applicable light-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.

⁶      Intermediate In-Use Compliance Standards. The following standards are intermediate in-use compliance standards for 50,000 and 100,000 miles for PCs and LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles when operating on any available fuel other than gasoline. Intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year as follows:

In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs, and through the 1998 model year for LEVs and ULEVs. For LEVs and ULEVs, the following intermediate in-use standards shall apply:

        a.     Reactivity Adjustment. For TLEVs, LEVs, and ULEVs designed to operate on any fuel other than conventional gasoline, including fuel-flexible and dual-fuel vehicles when operating on any fuel other than gasoline, exhaust NMOG mass emission results shall be multiplied by the applicable reactivity adjustment factor to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG emission results by the applicable reactivity adjustment factor, the exhaust methane emission results for natural gas vehicles shall be multiplied by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. Exhaust NMOG mass emissions from fuel-flexible or dual-fuel vehicles when operating on gasoline shall not be multiplied by a reactivity adjustment factor.

        b.     Intermediate In-Use Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs. LVW, intermediate in-use compliance standards for NMOG emissions at 50,000 miles when the vehicle is operated on gasoline shall be:

Intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year, and to LEVs and ULEVs through the 1998 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs and through the 1998 model year for LEVs and ULEVs.

⁷Diesel Standards. Manufacturers of diesel vehicles shall also certify to particulate standards at 100,000 miles. For all PCs and LDTs from 0-3750 lbs. LVW, the particulate standard is 0.08 g/mi, 0.08 g/mi, and 0.04 g/mi for TLEVs, LEVs, and ULEVs, respectively. For LDTs from 3751-5750 lbs. LVW, the particulate standard is 0.10 g/mi, 0.10 g/mi, and 0.05 g/mi for TLEVs, LEVs and ULEVs, respectively. For diesel vehicles certifying to the standards set forth in Title 13, section 1960.1(g)(1), "NMOG" shall mean non-methane hydrocarbons.

⁸50^oF Requirement. Manufacturers shall demonstrate compliance with the above standards for NMOG, CO, and NOx at 50^oF, according to the procedure specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or according to the procedure specified in section II.C. of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable. Hybrid electric, natural gas and diesel-fueled vehicles shall be exempt from 50^oF test requirements.

⁹Limit on In-Use Testing. In-use compliance testing shall be limited to vehicles with fewer than 75,000 miles.

¹⁰HEV Requirements. Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxiliary power unit. For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors), and demonstrating compliance with 100,000 mile emission standards shall not be required. For certification purposes only, Type B hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards (using 75,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards (using 100,000 mile deterioration factors).

¹¹NMOG Credit for Direct Ozone Reduction Technology. A manufacturer that certifies vehicles equipped with direct ozone reduction technologies shall be eligible to receive NMOG credits that can be applied to the NMOG exhaust emissions of the vehicle when determining compliance with the standard. In order to receive credit, the manufacturer must submit the following information for each vehicle model, including, but not limited to:

a.     a demonstration of the airflow rate through the direct ozone reduction device and the ozone-reducing efficiency of the device over the range of speeds encountered in the SFTP test cycle;

b.     an evaluation of the durability of the device for the full useful life of the vehicle; and

c.     a description of the on-board diagnostic strategy for monitoring the performance of the device in-use.

Using the above information, the Executive Officer shall determine the value of the NMOG credit based on the calculated change in the one-hour peak ozone level using an approved airshed model.

        (g)(2)      The fleet average non-methane organic gas exhaust emission values from passenger cars and light-duty trucks produced and delivered for sale in California by a manufacturer each model year from 1994 through 2000 shall not exceed:

FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST MASS EMISSION

REQUIREMENTS FOR LIGHT-DUTY VEHICLE WEIGHT CLASSES^7,8,9

[grams per mile" (or "g/mi")]

¹      "PC" means passenger cars.

        "LDT" means light-duty trucks.

        "TLEV" means transitional low-emission vehicle.

        "LEV" means low-emission vehicle.

        "ULEV" means ultra-low-emission vehicle.

        "LVW" means loaded vehicle weight.

²      "Non-Methane Organic Gases" (or "NMOG") means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.

³      HEV Categories. For the purpose of calculating fleet average NMOG values, a manufacturer may adjust the certification levels of hybrid electric vehicles (or "HEVs") based on the range of the HEV without the use of the engine. For the purpose of calculating the adjusted NMOG emissions, the following definitions shall apply:

"Type A HEV" shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.

"Type B HEV" shall mean an HEV which achieves a range of 40 - 59 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.

"Type C HEV" shall mean an HEV which achieves a range of 0 - 39 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type B" HEVs.

        a.     For the purpose of calculating fleet average NMOG values, vehicles which have no tailpipe emissions but use fuel-fired heaters and which are not certified as ZEVs shall be treated as "Type A HEV ULEVs."

⁴      Calculation of Fleet Average NMOG Value (PCs and LDTs 0-3750 lbs. LVW). Each manufacturer’s fleet average NMOG value for the total number of PCs and LDTs from 0-3750 lbs. LVW produced and delivered for sale in California shall be calculated in units of g/mi NMOG according to the following equation, where the term "Produced" means produced and delivered for sale in California:

{[(L No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1 (e)(1) and Produced) x (0.39)] +

[L No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1 (f)(1) and Produced x (0.25)] +

[L No. of Vehicles Certified to the Phase-Out Exhaust Emission Standards in section 1960.1 (f)(1) and Produced x (0.39)] +

[(L No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(f)(2) and Produced) x (0.25)] +

[(L No. of TLEVs excluding HEVs and Produced) x (0.125)] +

[(L No. of LEVs excluding HEVs and Produced) x (0.075)] +

[(L No. of ULEVs excluding HEVs and Produced) x (0.040)] +

(HEV contribution factor)} ÷

(Total No. of Vehicles Produced, Including Zero-Emission Vehicles and HEVs):

a.     "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG value. The HEV contribution factor shall be calculated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California:

HEV contribution factor =

        {[L No. of "Type A HEV" TLEVs Produced] x (0.100) +

         [L No. of "Type B HEV" TLEVs Produced] x (0.113) +

         [L No. of "Type C HEV" TLEVs Produced] x (0.125)} +

        {[L No. of "Type A HEV" LEVs Produced] x (0.057) +

         [L No. of "Type B HEV" LEVs Produced] x (0.066) +

         [L No. of "Type C HEV" LEVs Produced] x (0.075)} +

        {[L No. of "Type A HEV" ULEVs Produced] x (0.020) +

         [L No. of "Type B HEV" ULEVs Produced] x (0.030) +

         [L No. of "Type C HEV" ULEVs Produced] x (0.040)}

b.     "Zero-Emission Vehicles" (or "ZEVs") classified as LDTs 3751-5750 lbs. LVW which have been counted toward the ZEV requirements for PCs and LDTs 0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (4).

c.     Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California PCs and LDTs 0-3750 lbs. LVW that are certified to federal Tier I exhaust emission standards in 40 CFR 86.094-8 and 86.094-9 shall add the following term to the numerator of the fleet average NMOG equation in note (4) calculate their fleet average NMOG values accordingly:

[L No. of Vehicles Certified to federal Tier I exhaust emission standards and Produced) x (0.25)]

⁵      Calculation of Fleet Average NMOG Value (LDTs 3751-5750 lbs. LVW). Manufacturers that certify LDTs from 3751-5750 lbs. LVW, shall calculate a fleet average NMOG value in units of g/mi NMOG according to the following equation, where the term "Produced" means produced and delivered for sale in California:

{[(L No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1 (e)(1), and Produced x (0.50)] +

[(L No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1 (f)(1), and Produced x (0.32)] +

[(L No. of Vehicles Certified to the Phase-Out Exhaust Emission Standards in section 1960.1 (f)(1), and Produced x (0.50)] +

[(L No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1 (f)(2), and Produced x (0.32)] +

[(L No. of TLEVs Produced excluding HEVs) x (0.160)] + [(L No. of LEVs Produced excluding HEVs) x (0.100)] +

[(L No. of ULEVs Produced excluding HEVs) x (0.050)] +

(HEV contribution factor)} ÷

(Total No. of Vehicles Produced, Including ZEVs and HEVs).

        a.     "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG. The HEV contribution factor shall be calculated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California.

HEV contribution factor =

                {[L No. of "Type A HEV" TLEVs Produced] x (0.130) +

                 [L No. of "Type B HEV" TLEVs Produced] x (0.145) +

                 [L No. of "Type C HEV" TLEVs Produced] x (0.160)} +

                {[L No. of "Type A HEV" LEVs Produced] x (0.075) +

                 [L No. of "Type B HEV" LEVs Produced] x (0.087) +

                 [L No. of "Type C HEV" LEVs Produced] x (0.100)} +

                {[L No. of "Type A HEV" ULEVs Produced] x (0.025) +

                 [L No. of "Type B HEV" ULEVs Produced] x (0.037) +

                 [L No. of "Type C HEV" ULEVs Produced] x (0.050)}

        b.     Only ZEVs which have been certified as LDTs 3751-5750 lbs. LVW and which have not been counted toward the ZEV requirements for PCs and LDTs 0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (5).

        c.     Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California LDTs 3751-5750 lbs. LVW that are certified to the Tier I exhaust emission standards in 40 CFR 86.094-9 shall add the following term to the numerator of the fleet average NMOG equation in note (5) and calculate their fleet average NMOG values accordingly:

[(L No. of Vehicles Certified to federal Tier I exhaust emission standards and Produced and Delivered for Sale in California) x (0.32)]

⁶      Requirements for Small Volume Manufacturers. As used in this subsection, the term "small volume manufacturer" shall mean any vehicle manufacturer with California sales less than or equal to 3000 new PCs, LDTs and MDVs per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1991, except as noted below. For manufacturers certifying for the first time in California, model-year sales shall be based on projected California sales. In 2000 and subsequent model years, small volume manufacturers shall comply with the fleet average NMOG requirements set forth below.

        a.     Prior to the model year 2000, compliance with the specified fleet average NMOG requirements shall be waived.

        b.     In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs. LVW calculated in accordance with note (4).

        c.     In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.100 g/mi for LDTs from 3751-5750 lbs. LVW calculated in accordance with note (5).

        d.     If a manufacturer’s average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the fleet average requirements applicable for larger manufacturers as specified in section 1960.1(g)(2) beginning with the fourth model year after the last of the three consecutive model years.

        e.     If a manufacturer’s average California sales falls below 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to requirements for small volume manufacturers as specified in section 1960.1(g)(2) beginning with the next model year.

⁷      Calculation of NMOG Credits/Debits and Procedure for Offsetting Debits.

        a.     In 1992 through 2000 model years, manufacturers that achieve fleet average NMOG values lower than the fleet average NMOG requirement for the corresponding model year shall receive credits in units of g/mi NMOG determined as:

{[(Fleet Average NMOG Requirement) - (Manufacturer’s Fleet Average NMOG Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs)}.

Manufacturers with fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi NMOG equal to the amount of negative credits determined by the aforementioned equation. For any given model year, the total g/mi NMOG credits or debits earned for PCs and LDTs 0-3750 lbs. LVW and for LDTs 3751-5750 lbs. LVW shall be summed together. The resulting amount shall constitute the g/mi NMOG credits or debits accrued by the manufacturer for the model year.

        b.     For the 1994 through 1997 model years, manufacturers shall equalize emission debits within three model years and prior to the end of the 1998 model year by earning g/mi NMOG emission credits in an amount equal to their g/mi NMOG debits, or by submitting a commensurate amount of g/mi NMOG credits to the Executive Officer that were earned previously or acquired from another manufacturer. For 1998 through 2000 model years, manufacturers shall equalize emission debits by the end of the following model year. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board’s emission standards shall be determined by dividing the total amount of g/mi NMOG emission debits for the model year by the g/mi NMOG fleet average requirement for PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which the debits were first incurred.

        c.     The g/mi NMOG emission credits earned in any given model year shall retain full value through the subsequent model year. The g/mi NMOG value of any credits not used to equalize the previous model-year’s debit, shall be discounted by 50% at the beginning of the second model year after being earned, discounted to 25% of its original value if not used by the beginning of the third model year after being earned, and will have no value if not used by the beginning of the fourth model year after being earned.

        d.     In order to verify the status of a manufacturer’s compliance with the fleet average requirements for a given model year, and in order to confirm the accrual of NMOG credits or debits, each manufacturer shall submit an annual report to the Executive Officer which sets forth the production data used to establish compliance, by no later than March 1 of the calendar year following the close of the completed model year.

⁸      Credits for Pre-1994 Model-Year Vehicles. Manufacturers that produce and deliver for sale in California vehicles certified to the phase-in exhaust emission standards in section 1960.1 (f)(1), or vehicles certified to the exhaust emission standards in sections 1960.1(f)(2) or 1960.1(g)(1) and/or ZEVs, in the 1992 and 1993 model years, shall receive emission credits as determined by the equations in footnotes (4), (5), and (7).

        a.     For PCs and LDTs from 0-3750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer’s emission credits shall be 0.390 and 0.334 g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively.

        b.     For LDTs from 3751-5750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer’s emission credits shall be 0.500 and 0.428 g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively.

        c.     Emission credits earned prior to the 1994 model year shall be considered as earned in the 1994 model year and discounted in accordance with the schedule specified in footnote (7).

        (h)(1)      "Tier 1" Exhaust Emission Standards for MDVs. The exhaust emission from new 1995 through 2003 model Tier 1 medium-duty vehicles shall not exceed:

1995-2003 MODEL-YEAR TIER 1

MEDIUM-DUTY VEHICLE EXHAUST EMISION STANDARDS ^1,2,3,7,8

(grams per mile)

¹      "n/a" means not applicable.

        "Test Weight" shall mean the average of the vehicle’s curb weight and gross vehicle weight.

²      Manufacturers have the option of certifying engines used in incomplete and diesel medium-duty vehicles from 8,501-14,000 pounds, gross vehicle weight to the heavy-duty engine standards and test procedures set forth in section 1956.8(e), Title 13, California Code of Regulations. Manufacturers certifying incomplete or diesel medium-duty vehicles to the heavy-duty engine standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139 (c), Title 13, California Code of Regulations.

³      For the 1995 model-year only, manufacturers of medium-duty vehicles may certify a maximum of 50 percent of their vehicles to the applicable 1994 model-year standards and test procedures. For the 1995 model-year only, small volume manufacturers may certify 100 percent of their vehicles to the applicable 1994 model-year standards and test procedures. The percentage shall be based upon each manufacturer’s projected sales of California-certified medium-duty vehicles.

⁴      For methanol- and ethanol-fueled vehicles certifying to these standards, including flexible-fueled vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE").

⁵      The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 2.00 times the applicable medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standards shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.

⁶      Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis.

⁷      In-use compliance testing shall be limited to vehicles with less than 90,000 miles. For the 1995 through 1997 models, alternative in-use compliance is available for medium-duty vehicle manufacturers. A manufacturer may use alternative in-use compliance for up to 100 percent of its fleet in the 1995 and 1996 model years and up to 50 percent of its fleet in the 1997 model year. Small volume manufacturers may use alternative in-use compliance for up to 100 percent of their fleets in the 1995 through 1997 model years. The percentages shall be determined from the manufacturers’ projected California sales of medium-duty vehicles. For vehicles certified to the standards and test procedures of this subsection, "alternative in-use compliance" shall consist of an in-use allowance of 25 percent over the applicable 1995 model-year non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen 50,000 mile emission standards and a waiver of the emission standards beyond 50,000 miles.

⁸      All medium-duty vehicles, except diesel-fueled vehicles and those incomplete and diesel vehicles certifying to heavy-duty engine test procedures, are subject to 50,000 mile and 120,000 mile non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards. Diesel-fueled vehicles shall be subject to 120,000 mile non-methane hydrocarbon, carbon monoxide, oxides of nitrogen, and particulate standards only.

        (h)(2)      "LEV I" Exhaust Emission Standards for MDVs. The exhaust emissions from new 1992 through 2006 model-year medium-duty LEV I low-emission vehicles, ultra-low-emission vehicles and super-ultra-low-emission vehicles shall not exceed:

LEV I EXHAUST EMISSION STANDARDS FOR

LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHICLES

AND SUPER-ULTRA-LOW-EMISSION VEHICLES IN THE

MEDIUM-DUTY VEHICLE WEIGHT CLASS ^{8,9,10,11,12,13,14,15,16}

[grams per mile (or "g/mi")]

¹        "Test Weight" (or "TW") shall mean the average of the vehicle’s curb weight and gross vehicle weight.

²        "LEV" means low-emission vehicle.

        "ULEV" means ultra-low-emission vehicle.

        "SULEV" means super-ultra-low-emission vehicle.

³      Compliance with NMOG Standards. To determine compliance with an NMOG standard, NMOG emissions shall be measured in accordance with "California Non-Methane Organic Gas Test Procedures" adopted July 12, 1991 and last amended July 30, 2002, which is incorporated herein by reference.

        a.     Reactivity Adjustment. For LEVs and ULEVs certified to operate on an available fuel other than conventional gasoline, including fuel-flexible or dual-fuel vehicles when certifying on a fuel other than gasoline, manufacturers shall multiply the NMOG exhaust certification levels by the applicable reactivity adjustment factor set forth in Section 13 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in section I.E.5. of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II.D. respectively of the foregoing test procedures. In addition, natural gas vehicles certifying to LEV or ULEV standards shall calculate a reactivity-adjusted methane exhaust emission value by multiplying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 13 or in section I.E.5. of the above-referenced test procedures as applicable. The product of the exhaust NMOG certification levels and the reactivity adjustment factor shall be compared to the exhaust NMOG mass emission standard established for the particular vehicle emission category to determine compliance. For natural gas vehicles, the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance.

        b.     Pre-1998 NOx standards. Prior to the 1998 model year, the 50,000 mile and 120,000 mile LEV exhaust mass emission standards for NOx shall be: 0.7 and 1.0 g/mi for MDVs from 3751-5750 lbs. TW, 1.1 and 1.5 g/mi for MDVs from 5751-8500 lbs. TW, 1.3 and 1.8 g/mi for MDVs from 8501-10,000 lbs. TW, and 2.0 and 2.8 g/mi for MDVs from 10,001-14,000 lbs. TW, respectively.

⁴      NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles. Fuel-flexible and dual-fuel "Medium-Duty Vehicles" (or "MDVs") from 0-14,000 lbs. TW shall be certified to exhaust mass emission standards for NMOG established for the operation of the vehicle on a fuel other than gasoline, and gasoline.

        a.     Reactivity Adjustment. For LEVs and ULEVs when certifying on the fuel other than gasoline, manufacturers shall multiply the exhaust NMOG certification levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable reactivity adjustment factor, the exhaust methane certification level for natural gas vehicles shall be multiplied by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. When certifying on gasoline, the exhaust NMOG certification levels of fuel-flexible and dual-fuel vehicles shall not be multiplied by a reactivity adjustment factor.

        b.     Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For MDVs from 0-14,000 lbs. TW, the applicable exhaust mass emission standard for NMOG when certifying the vehicle for operation on gasoline shall be:

⁵      Highway NOx. The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall not be greater than 2.00 times the applicable MDV standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.

⁶      Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis.

⁷      "n/a" means not applicable.

⁸      Certification of Incomplete and Diesel Vehicles. Manufacturers have the option of certifying engines used in incomplete and diesel MDVs to the heavy-duty engine standards and test procedures set forth in Section 1956.8(g) or (h), Title 13, California Code of Regulations. Manufacturers certifying incomplete or diesel MDVs to the heavy-duty engine standards and test procedures shall specify in the application for certification an in-use compliance procedure as provided in Section 2139(c), Title 13, California Code of Regulations. For diesel vehicles certifying to the standards set forth in Title 13, section 1960.1(h)(2), "NMOG" shall mean non-methane hydrocarbons.

⁹        Intermediate In-Use Compliance Standards. The following intermediate in-use compliance standards for 50,000 miles and 120,000 miles for MDVs from 3751-14,000 lbs. TW, including fuel-flexible and dual-fuel vehicles when operating on an available fuel other than gasoline, shall apply for the specified model years only:

In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model year for SULEVs.

*Dashes mean that the standard in the section (h)(2) table applies.

a.     Reactivity Adjustment. For LEVs and ULEVs designed to operate on an available fuel other than conventional gasoline, including fuel-flexible and dual-fuel vehicles when operating on an available fuel other than gasoline, NMOG exhaust mass emission results shall be multiplied by the applicable reactivity adjustment factor to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG mass emission results by the applicable reactivity adjustment factor, natural gas vehicles shall multiply the exhaust methane mass emission results by the applicable methane reactivity adjustment factor and add that value to the reactivity-adjusted NMOG value. For fuel-flexible and dual-fuel vehicles when operating on gasoline, NMOG emission results shall not be multiplied by a reactivity adjustment factor.

b.     Gasoline Standards for Fuel-Flexible and Dual-Fuel Vehicles. For fuel-flexible and dual-fuel MDVs from 0-14,000 lbs. TW, intermediate in-use compliance standards for NMOG emissions at 50,000 miles, when the vehicle is operated on gasoline, shall be:

Intermediate in-use compliance standards shall apply to LEVs and ULEVs through the 1999 model year and to SULEVs through the 2001 model year. Compliance with the standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model year for SULEVs.

¹⁰    Medium-Duty Vehicle Phase-In Requirements. Each manufacturer’s MDV fleet shall be defined as the total number of California certified MDVs from 0-14,000 lbs. TW produced and delivered for sale in California.

        a.     Manufacturers of MDVs shall certify an equivalent percentage of their MDV fleet according to the following phase-in schedule:

b.     [Reserved]

c.     The percentages shall be applied to the manufacturers’ total production of California-certified medium-duty vehicles delivered for sale in California.

d.     These requirements shall not apply to small volume manufacturers. Small volume manufacturers shall comply with the requirements of note (16) below.

¹¹    Definition of HEV. For the purpose of calculating "Vehicle Equivalent Credits" (or "VECs"), the contribution of hybrid electric vehicles (or "HEVs") will be calculated based on the range of the HEV without the use of the engine. For purpose of calculating the contribution of HEVs to the VECs, the following definitions shall apply:

"Type A HEV" shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.

"Type B HEV" shall mean an HEV which achieves a range of 40 - 59 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.

"Type C HEV" shall mean an HEV which achieves a range of 0 - 39 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type B" HEVs.

¹²    Calculation of Vehicle Equivalent Credits. In 1992 through 2000 model years, manufacturers that produce and deliver for sale in California MDVs in excess of the equivalent requirements for LEVs and/or ULEVs certified to the exhaust emission standards set forth in this section (h)(2) or Title 13, CCR Section 1956.8(h), shall receive VECs calculated in accordance with the following equation, where the term "Produced" means produced and delivered for sale in California:

        {[(L No. of LEVs Produced excluding HEVs) + (L No. of "Type C HEV" LEVs Produced)] +

        [(L No. of "Type A HEV" LEVs Produced) x (1.2)] +

        [(No of "Type B HEV" LEVs Produced) x (1.1)] -

        (Equivalent L No. of LEVs Required to be Produced)} +

        {(1.4) x [(L No. of ULEVs Produced excluding HEVs) + (L No. of "Type C HEV" ULEVs Produced)] +

        [(1.7) x (L No. of "Type A HEV" ULEVs Produced)] +

        [(1.5) x (L No. of "Type B HEV" ULEVs Produced)] -

        [(1.4) x (Equivalent L No. of ULEVs Required to be Produced)]} +

        {[(1.7) x [(L No. of SULEVs Produced excluding HEVs) + (L No. of "Type C HEV" SULEVs Produced)] +

        [(L No. of "Type A HEV" SULEVs Produced) x (1.7)] +

        [(L No. of "Type B HEV" SULEVs) x (1.5)] -

        [(1.7) x [(Equivalent L No. of SULEVs Required to be Produced)]} +

        [(2.0) x (L No. of ZEVs Certified and Produced as MDVs)].

a.     Manufacturers that fail to produce and deliver for sale in California the equivalent quantity of MDVs certified to LEV and/or ULEV exhaust emission standards, shall receive "Vehicle-Equivalent Debits" (or "VEDs") equal to the amount of negative VECs determined by the aforementioned equation.

b.     Manufacturers shall equalize emission debits within one model year by earning VECs in an amount equal to their previous model-year’s total of VEDs, or by submitting a commensurate amount of VECs to the Executive Officer that were earned previously or acquired from another manufacturer. Any manufacturer which fails to equalize emission debits within the specified time period shall be subject to the Health and Safety Code civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board’s emission standards shall be equal to the amount of VEDs incurred.

c.     The VECs earned in any given model year shall retain full value through the subsequent model year.

d.     The value of any VECs not used to equalize the previous model-year’s debit, shall be discounted by 50% at the beginning of second model year after being earned, discounted to 25% of its original value if not used by the beginning of the third model year after being earned, and will have no value if not used by the beginning of the fourth model year after being earned.

e.     Any VECs earned prior to the 1998 model year shall be treated as earned in the 1998 model year and discounted in accordance with the schedule specified in note (12)(d).

f.     Only ZEVs certified as MDVs shall be included in the calculation of VECs.

g.     In order to verify the status of a manufacturer’s compliance with the phase-in requirements of this section and in order to confirm the accrual of VECs or VEDs, each manufacturer shall submit an annual report to the Executive Officer which sets forth the production data used to establish compliance by no later than March 1 of the calendar year following the close of the model year.

¹³    50^oF Requirement. Manufacturers shall demonstrate compliance with the above standards for NMOG, carbon monoxide, and oxides of nitrogen at 50^oF, according to the procedure specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or according to the procedure specified in section II.C. of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable. Hybrid electric, natural gas and diesel-fueled vehicles shall be exempt from 50^oF test requirements.

¹⁴    In-use compliance testing shall be limited to vehicles with fewer than 90,000 miles.

¹⁵    HEV Requirements. Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxiliary power unit. For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors), and demonstrating compliance with 120,000 mile emission standards shall not be required. For certification purposes only, Type B hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 120,000 mile emission standards (using 90,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 120,000 mile emission standards (using 120,000 mile deterioration factors).

¹⁶    Requirements for Small Volume Manufacturers. As used in Section 1960.1(h)(2), the term "small volume manufacturer" shall mean any vehicle manufacturer with California sales less than or equal to 3000 new PCs, LDTs, and MDVs per model year based on the average number of vehicles sold by the manufacturer each model year from 1992 to 1994, except as otherwise noted below. For manufacturers certifying for the first time in California, model-year sales shall be based on projected California sales.

        a.     Prior to the model year 2001, small volume manufacturers shall not be required to certify, produce, or deliver LEVs and ULEVs for sale in California.

        b.     If a manufacturer’s average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the LEV and ULEV requirements applicable for larger manufacturers as specified in Section 1960.1(h)(2) beginning with the fourth model year after the last of the three consecutive model years.

        c.     If a manufacturer’s average California sales falls below 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to requirements for small volume manufacturers as specified in Section 1960.1(h)(2) beginning with the next model year.

        (i) [Not applicable after December 31, 1990]

        (j) For Option 1 in the tables in sections (f)(1) and (f)(2), the hydrocarbon and carbon monoxide compliance shall be determined on a 50,000-mile durability basis. For Option 2 in the table in section (f)(2), the hydrocarbon and carbon monoxide compliance shall be determined on a 100,000-mile durability basis.

        (k) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1981 through 1987 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the state board on November 23, 1976, as last amended May 20, 1987, and in "California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the state board on May 20, 1987 as last amended August 5, 1999, both which are incorporated herein by reference, and in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," as incorporated by reference in section 1961(d). The test procedures for determining the compliance of 2001 through 2006 model-year hybrid electric vehicles with the standards set forth in this section are set forth in "California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as incorporated by reference in section 1962(h).

        (l) With respect to any new vehicle required to comply with the standards set forth in paragraphs (a) through (h), the manufacturer’s written maintenance instructions for in-use vehicles shall not require scheduled maintenance more frequently than or beyond the scope of maintenance permitted under the test procedures referenced in paragraph (k) above. Any failure to perform scheduled maintenance shall not excuse an emissions violation unless the failure is related to or causative of the violation.

        (m) Any 1982, 1983, and 1984 model year vehicle required to comply with the standards set forth in paragraphs (b), (c), (d), and (f) which is subject to a standard set by federal law or regulation controlling emissions of particulate matter must conform to such standard.

        (n) For purposes of section 1960.1(a) through (f), section 1960.1(h)(1), and section 1960.1.5, "small volume manufacturer" for the 2000 and earlier model years is any vehicle manufacturer which was subject to "in lieu" standards pursuant to section 202(b)(1)(B) of the Federal Clean Air Act (42 U.S.C. section 7521(b)(1)(B), as amended November 16, 1977) or a vehicle manufacturer with California sales not exceeding 3,000 new motor vehicles per model year based on previous model-year sales; however, for manufacturers certifying for the first time in California model year sales shall be based on projected California sales.